Federal Court of Australia
an Limited bistribution
ed
JUDGMENT No. 148/82.
CATCHWORODS
EXTRADITION - extradition to Israel - order for surrender - alleged breach of treaty obligations by Israel - whether Act consequently beyond power - Attorney-General's discretion - prejudice "by reason of race or nationality" - construction of "substantial or, as the case may be, reasonable grounds" in treaty - whether reasonable
apprehension of bias.
Extradition (Foreign States) Act 1966 ss.10, 14, 17(6), 18A. Extradition (State of Israel) Regulations
ARTHUR JAMES HEMPEL & ANOR. V. THE ATTORNEY-GENERAL WAG 123 of 1987
CORAM: Spender, Pincus & Hartigan JJ. BRISBANE 27 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALTAN DTSTRICT REGTSTRY ) WA G123 of 1987
GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL
COURT BETWEEN: ARTHUR JAMES HEMPEL and LAURENCE ETHEREDGE Appellants AND: THE ATTORNEY-GENERAL Respondent MINUTES OF ORDER JUDGES MAKING ORDER: SPENDER, PINCUS & HARTIGAN JJ. DATE OF ORDER: 27 NOVEMBER 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellants pay the respondent's costs of and incidental to the appeal to be taxed.
i
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIAN DISTRICT REGISTRY ) WA G123 of 1987 GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL
COURT BETWEEN: ARTHUR JAMES HEMPEL and LAURENCE ETHEREDGE Appellants AND: THE ATTORNEY-GENERAL Respondent
CORAM: SPENDER, PINCUS & HARTIGAN JJ.
DATE: 27 NOVEMBER 1987
BRISBANE
REASONS FOR JUDGMENT THE COURT: This is an appeal froma judgment of French J. dismissing an application made under the Administrative Decisions
(Judicial Review) Act 1977, in which application the appellants
challenged the validity of extradition warrants signed by the
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